US Food Regulations, Compliance, and more

Trade and Customs Updates

US Food and Drug Administration publishes Small Entity Compliance Guide for FSMA

On 18 May 2023, the US Food & Drug Administration (FDA) published a Small Entry Compliance Guide for the Food Safety Modernization Act (FSMA) Food Traceability Rule. The compliance guide describes the requirements of the Food Traceability regulation to assist small entities, including

farms and small businesses to comply with the recordkeeping requirements.

The FSMA Food Traceability Rule was issued in November 2022 and the compliance date for recordkeeping requirements is Jan. 20, 2026. 

Additional information:

FSMA Final Rule on Requirements for Additional Traceability Records for Certain Foods

FSMA Technical Assistance Network

CBP Provides Guidance on UFLPA Documentation Submissions

On 16 May 2023, CBP released a guidance document on how to compile supporting documentation for allegations of forced labor and requests to modify Withhold Release Orders and/or forced labor findings. The document, titled Recommended Guidelines for Submissions of Forced Labor Supporting

Documents, advises how to organize supporting documents, preserve any additional documents such as interviews and how to submit documents in languages other than English.

Agriculture Marketing Services Announces Rates for US Foods

On 20 May 2023, the Agricultural Marketing Service (AMS) published a Federal Register Notice the 2023/2024 rates it will charge for voluntary grading, inspection, certification, auditing, and laboratory services for a variety of US food and agricultural commodities, including meat and poultry, fruits and vegetables, eggs,

dairy products, rice, cotton, and tobacco. The 2023/2024 regular, overtime, holiday, and laboratory services rates will be applied at the beginning of the crop year, fiscal year, or as required by law depending on the commodity.

USDA Launches Organic INTEGRITY Database Trade Partner Module

On 17 May 2023, the USDA National Organic Program (NOP) announced it has expanded functionality for the USDA Organic INTEGRITY Database (INTEGRITY) by launching a new Trade Partner Module. This new module is an expansion of INTEGRITY called the Global Organic INTEGRITY Database (GLOBAL).

GLOBAL increases access and transparency to quality data in organic supply chains worldwide, increasing their ability to protect the integrity of organic products sold in the United States.

Since 2015, when NOP launched INTEGRITY, USDA-accredited certifiers have used the database to report on farms and businesses certified to the USDA organic standards. Similarly, the Trade Partner Module allows international certifiers to report on farms and businesses certified under the organic equivalency arrangements. When fully deployed, both USDA-accredited certifiers and certifiers working with other government organic standards that have been determined to be substantively similar will be able to generate electronic import certificates in GLOBAL.

NOP worked with Canada to test the new Trade Partner Module and to begin developing the next component of GLOBAL, which is the Electronic Organic Import Certificate module. To start, the Canadian Food Inspection Agency (CFIA) added certifiers into GLOBAL that were authorized to certify operations as organic under the Canadian and USDA organic standards. Feedback from these certifiers was used to refine the system and develop future enhancements.

NOP will continue to work with trade partners to add their certifiers, who – along with USDA’s certifiers – will use the module to generate electronic import certificates for all organic imports into the United States beginning March 19, 2024 (corrected). NOP will prepare users for the updated GLOBAL database by providing user guides and hosting user registration sessions as the launch date approaches. The Import Certificate Module is scheduled to launch in the fall of 2023. Information on operations will become available as trade partners start using the system.

Trade and Customs Reminders & Events

FDA Webinars on Infant Food Formula

May 24 & June 7

The US Food and Drug Administration (FDA) will host webinars on Wednesday, 24 May 2023, and Wednesday, 07 June 2023, at 2pm ET, to provide stakeholders with information on regulatory requirements and considerations for infant formula ingredients and packaging.

Customs & Trade Symposium

June 8

Join leading experts from GEODIS, attorneys, and government officials on June 8, 2023, at the Union League at Liberty Hill. Network with peers, gain valuable industry insights and discover the latest solutions in the field during interactive panels and breakout sessions. Don’t miss this opportunity to stay ahead of the curve and stay up to date on the current hot customs and trade topics.